Hybrid and Internationalized Criminal Tribunals: Jurisdictional Issues

Abstract

In recent years a number of criminal tribunals have been established to investigate, prosecute and try individuals accused of serious violations of international humanitarian law and international human rights. These tribunals have been described as 'hybrid' or 'internationalised' tribunals as their structure and applicable law consist of both international and national elements. Six such tribunals are currently in operation: the Special Court for Sierra Leone, the Extraordinary Chambers in the Courts of Cambodia, Regulation 64 panels in Kosovo, the War Crimes Chamber for Bosnia and Herzegovina, the Iraqi High Tribunal and the Special Tribunal for Lebanon.

The key aims of this thesis are: to examine the increasing role of hybrid and internationalised judicial institutions in prosecuting international crimes; to outline the basic features of the existing and proposed hybrid or internationalized tribunals; to define and categorise the tribunals; to determine the jurisdictional basis of each tribunal; to analyze how the jurisdictional basis affects other issues, such as the applicable law, the application of amnesties and immunities and the relationship of these tribunals with the host state, third states, national courts and other international criminal tribunals.